A contracting officer may award a sole source contract to a qualified HUBZone SBC only when the contracting officer determines that:
(a) None of the provisions of Secs. 126.605 or 126.607 apply;
(b) The anticipated award price of the contract, including options, will not exceed:
(1) $5,500,000 for a requirement within the NAICS codes for manufacturing; or
(2) $3,500,000 for a requirement within all other NAICS codes;
(c) Two or more qualified HUBZone SBCs are not likely to submit offers;
(d) A qualified HUBZone SBC is a responsible contractor able to perform the contract; and
(e) In the estimation of the CO, contract award can be made at a fair and reasonable price. [63 FR 31908, June 11, 1998, as amended at 69 FR 29425, May 24, 2004; 74 FR 46887, Sept. 14, 2009]